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Suman (Engineer)     27 November 2013

Anticipatory bail without complaint

Hi All,

My wife left our house 1.5 months ago. she and her family members continuously threatens to lodge 498a case. now when i went to discuss a local Civil & Criminal lawyer, she told us to apply for anticipatory bail. when i told her that as of my knowledge she had not made any complaint, my lawyer told that without complain anticipatory bail can be applied. I want to know is it really possible. My lawyer charged Rs 22000/ (for myself 12000 and for 2 family members 2x5000). Is it really ok. I am from kolkata. Bail will be applied in barasat judges court. Please help me. we are also so scared for false 498a case.


 6 Replies

Pradeep Bharathipura (Advocate)     27 November 2013

Anticipatory bail can apply even without FIR as per the decision of the Supreme Court  AIR 1980 SC 1632, bail can be apply without FIR only apprehension is sufficient.

Suman (Engineer)     27 November 2013

Hi Mr. Pradeep Bharathipura, thanks a lot. Just two more queries. My lawyer already prepared the papers for anticipatory bail where she wrote that already a complaint has been lodged in my local PS. is it ok. and the last thing she told me that Anticipatory bail is valid one month only as per Supreme court so to extend the validity she needs to refiling and there would be refiling charges. Is that ok. Actually after a search i found her who is both civil & criminal lawyer. thanks for your support.

Suman (Engineer)     20 December 2013

Hello sirs,

Yesterday my anticipatory bail application got rejected on basis of my lawyer who filed the AB not presented there. can any one please tell me what actually can happen in this situation. i already engaged another advocate who supposed to be there and be present himself. but he informed me that as my lawyer who file the application was not present that's why the bail application rejected. how could it be happen. is it mandatory that who filed the AB application he has to be present there in the hearing. also if she is not able to present in the hearing is there no option for another hearing date. please guide me. AB applied for 498a, and 406 case.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     20 December 2013

Since your petition was dismissed not on merits but due to non appearance of the counsel, you can file another petition before the same court.

Suman (Engineer)     20 December 2013

Thanks Mr. Mohana Sundaram. I have not received the bail rejection copy. may be by tomorrow i will get that. if we can apply in district judges court then why my lawyer told me to apply in high court. moreover can it be cancelled only due to absence of counsel??? my newly appointed lawyer told me that his junior will be present there.. and if his junior present there then couldn't he take the case and move. ???


Select your lawyer. Have confident on him. Don't supervise your lawyer by engaging any person. Your case dismissed only on the ground of non appearance of your lawyer to whom you paid. He might have reasons for his absence. So ask him to file another AB petition. Your problem will be solved.

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